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In one week, the Notifiable Data Breaches (NDB) scheme comes into force. The scheme mandates that Australian Government agencies and businesses with obligations under the Privacy Act 1988 (Privacy Act) must notify you if you are likely to be at risk of serious harm because of a data breach.

From 22 February 2018, the Notifiable Data Breaches scheme (NDB scheme) will require a wide range of organisations to report data breaches that are ‘likely to result in serious harm’ to the individuals whose personal information is affected by the breach. They will also be required to notify the OAIC.

The Australian Information Commissioner has released a direction regarding certain procedures to be followed during an Information Commissioner review (IC review) which takes effect from 26 February 2018.

Individuals who were in immigration detention on 31 January 2014, and were affected by the Department of Immigration and Border Protection’s February 2014 data breach, now have an opportunity to provide information about any loss or damage suffered as a result of the breach.

Private sector health service providers will be required to notify affected individuals and the Australian Information Commissioner of data breaches that are likely to cause serious harm under the Notifiable Data Breaches (NDB) scheme.